By Erin Dougherty Foley, Ashley K. Laken, and Craig B. Simonsen
Seyfarth Synopsis: According to the EEOC in this just filed lawsuit, a home care services provider in North Carolina violated federal disability rights law when it rejected telecommuting requests from an employee whose asthma and COPD “made her sensitive to workplace smells.”
Earlier this month, the
Continue Reading Watch Out: Workplace Smells, ADA Disability, Telecommuting, and an EEOC Lawsuit
Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should consider whether there is a viable argument that a request for religious accommodation is not sufficient to establish protected activity as a matter of
Continue Reading Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation
Seyfarth Synopsis: In EEOC v. Consol Energy, Inc., the Fourth Circuit Court of Appeals upheld a judgment against an employer for failing to accommodate an employee’s religious belief that a biometric hand scanner would tag him with the “Mark of the Beast,” contrary to his evangelical Christian religious beliefs.
On June 12, 2017, in EEOC v.
Continue Reading The Antichrist at Work: 4th Circuit Affirms Judgment Against Employer for Failing to Accommodate Employee’s Religious Belief Regarding “Mark of the Beast”
By Paul Galligan and Samuel Sverdlov
Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff tested positive for marijuana at orientation.
Last month, in Turner v. Hirschbach Motor Lines, the Seventh Circuit affirmed the
Continue Reading Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims
Seyfarth Synopsis: With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant certiorari. The addition of Justice Neil Gorsuch is likely to have particular impact in the field of labor and employment
Continue Reading Justice Gorsuch Likely To Have Significant Impact on Labor and Employment Cases Before the U.S. Supreme Court
Seyfarth Synopsis: In a recent federal case the employer has challenged the EEOC Enforcement Guidance on Retaliation taking the position that a religious accommodation request does not meet the test for protected activity under Title VII. In defending retaliation litigation, employers should consider whether there is a viable argument that a request for religious accommodation
Continue Reading Is a Request for Religious Accommodation “Protected Activity” for a Title VII Retaliation Claim?
By Steve Shardonofsky and John P. Phillips
Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the employee on notice of the duty to file a complaint. The lower court will now consider conduct
Continue Reading Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine
By Paul Galligan and Samuel Sverdlov
Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide religious belief, and failed to provide notice to the employer regarding his need for religious accommodation.
By Sam Schwartz-Fenwick and Lucas Deloach
Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their ranks. Nonetheless, the issue remains unsettled.
In the previous two months, federal courts in Nevada and Pennsylvania held that Title VII’s prohibition
Continue Reading Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity
By Johanna T. Wise and Arielle Eisenberg
Seyfarth Synopsis: On November 18, 2016, the EEOC issued new guidance on its enforcement of anti-discrimination laws related to national origin. The guidance provides clarification on the scope of national origin under Title VII and supersedes the 2002 update to the EEOC Compliance Manual, Volume II, Section 13.
Immigration, and thus the number
Continue Reading EEOC Issues New Guidance On National Origin Discrimination For First Time In Fourteen Years